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HomeMy WebLinkAboutPermit Miscellaneous 1992-6-26 . .- AdJre.f5 :f; IL ..~. '.. \ ~ '... -- SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this day 2Jp of ::r 11,,16:. ,1992 (known as the "Effective D~te") by and between the CITY OF SPRINGFIELD, hereinafter "City", and kIps, K.,,-tt/ /..vc. ,hereinafter "Applicant", in accordance with Section 31 .090, a-nd Sections 3.070(3). 3.080(3). 3.090(3) and 3.100(3). RECITALS WHEREAS, on the 2k,th day of S LJ~E.. ,1992, the City approved the Final Site Plan Application (Journal Number 92'06-112) submitted by the Applicant for the purposes of allowing the construction of a modular day care/head start facility' on property owned by the lane County Housing Authority and Community Service Agency located at 300 West Fairview Street (Assessor's Map 17-03-27-4-1, Tax lot 101. The Metro Plan designation of the property is low Density Residential and the zone is Public land and Open Space. WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with all the standards of the Springfield Development Code and Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1 . Prior to the issuance of an occupancy permit on the site for Phase 1 the property owner shall provide the City with a copy of a recorded deed of dedication for additional right of way necessary to construct the sidewalk and loading zone on Fairview Street. 2. Prior to the issuance of an occupancy permit on the site for Phase 2, the property owner or applicant shall construct the sidewalk and loading zone on Fairview Street. ":'''-.. ~.. ~ . . THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: AGREEMENT 1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code. 2, STANDARDS. The Applicant agrees to fulfill all applicable standards specified in 1ft Springfield Development Code and the specific standards listed in RECITALS prior to occupancy, unless certain standards have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in RECITALS prior to occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31 .040(4)(b) of the Springfield Development Code. 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan without first notifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Sections 31.00 of the Springfield Development Code. 5. MAINTAINING THE USE. The applicant agrees to the following: (a) The building and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue the use. (b) It shall be the continuing obligation of the property owner to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation, and to replace sick; dying or dead plant materials to ensure a healthy landscape and fulfill the planting area requirements of the development. (c) Parking lots shall be maintained by the property owner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shall be improved to maintain conformance with these standards. (d) Undeveloped land within the development area shall be maintained free of trash and stored materials in a mowed and attractive manner. Undeveloped land, shall not be used for parking. 6. In addition to all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable State Law or City Ordinances). Applicant agrees that City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been granted. - <.'---:. ..~ . . 7. An Final Site Plan approved becomes null and void if construction does not commence within one year of the date of this Agreement. IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. APPLICANT ~/2~A2.. Toa;e/ ~~~,- BY: BY: STATE OF OREGON, County of be their voluntary act. Before me: ,1992. Personally appeared the above named , who acknowledged the foregoing instrument to Notary Public for Oregon My Commission expires CITY CITY~~ .\\\\\\\11111111/;/11 : ;:'. ,\,\" e S 1'1. ( 11/'1,. :;..' ...... .~... ......... (I", ',.. ""\.> ')00 .... 0.. '..... -:. , '> . ." , of ,'\OTATlY\ \ <~':.;.. ~.J.( ~ \'t;;,'. ~"<O.';'''' } ~"'1 ,',,, '''Ue>\-'c.:",: " ';, \;:~;:~>;,~:::;;'.;<,~,~>:'~, tt".."",..,t"'''''' Date f.R/ZkrL BY: ~Jz. flkr I ft' ct- Devero;,t;t Services Director STATE OF OREGON, County of Lane, {(;/2 t:' ,1992, Personally appeared the above named P.lJ7l'tCk ~f'lscw J IIII'"L ~ho acknowledge the foregoing instrument to be their voluntary act. Before me: -# ~. .' - ----:;:::>. " ... ~ ~/ _____.- -: _/.r .._ ~cfry Public 'for 6Tegon (' L /' My commission expires 0//2 /' h 3